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(영문) 서울동부지방법원 2018.11.13 2018가단672
손해배상(기)
Text

1. The Defendant (Appointed Party) and the Appointed C jointly share KRW 180,000,000 with respect to the Plaintiff and the Plaintiff from January 26, 2018.

Reasons

1. Determination as to the cause of claim

A. In addition to the overall purport of the pleadings, the following facts are recognized in the entries and images of Gap evidence Nos. 1 to 23, Eul evidence Nos. 1 to 4.

(1) Defendant (Appointed Party) is the representative director of D Co., Ltd. (hereinafter “D”), and Defendant (Appointed Party)’s wife C establishes and operates E in 2013 while working in D.

(2) D borrowed a number of business funds from the Plaintiff and paid a total of KRW 1.7 billion until the end of 2012. The Plaintiff received, for the security of the said loan, a copy of D’s per share of KRW 500 million per face value and KRW 400 million per face value and a copy of D’s per share of KRW 300 million per face value and per share of KRW 300 million per face value.

(3) The Plaintiff was subject to the Seoul Eastern District Court Decision 2014Kadan101239 decided on the provisional seizure of corporeal movables and attempted to execute it on October 7, 2014, Seoul Songpa-gu F building and 201, but it became impossible to execute it on the ground that the possession relation was different.

당시 D가 보관하던 모피 제품은 대형(밍크 모피 의류) 183착, 중형(숄) 18착, 소형(목도리, 모자 등) 73착이었고, 대형 제품의 평균 판매가격은 약 500만 원 정도이다.

(4) The Defendant (Appointed Party) and the Appointed C were indicted for evading compulsory execution, etc. of Seoul Eastern District Court 2015Kadan497, 2016 Godan380 (merged), and on June 29, 2016, the Defendant (Appointed Party) was sentenced to one year and six months of imprisonment, and the Appointed C was sentenced to two years of suspended sentence for six months of imprisonment.

Although the above Defendants appealed from 2016No985, only the Defendant (Appointed Party)’s assertion of unfair sentencing was accepted on October 27, 2016, and three years have passed since the suspended sentence was sentenced in June 1 and six months, and the Defendant C’s appeal was dismissed.

Defendant

B established and substantially manage D around November 1996, and repeated the office of representative director and resignation several times, and finally resigned from the office of representative director on September 30, 2014, and Defendant C.

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